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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty on the facts charged of this case based on the victim D's statement without credibility is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
1) There was no fact that the Defendant was buckbucks by the victim D, and even if there was some physical contact between the Defendant and the victim D, it cannot be viewed as an indecent act, and the victim D at the time did not have a state of failing to resist. 2) There was no fact that the Defendant intended to bring his sexual organ into the victim E’s negative organ or to inserting it.
B. The sentence imposed by the lower court on the assertion of unreasonable sentencing (one year of imprisonment and two years of suspended execution, community service order of 120 hours, and order to attend a sexual assault treatment lecture of 80 hours) is too unreasonable.
2. Determination
A. The Defendant alleged that the lower court also argued to the same effect as the grounds for appeal on this part, and the lower court determined that the victim D’s statement was reliable in light of the circumstances as stated in the Section 2(a) in light of the circumstances in its reasoning, and that the Defendant could sufficiently recognize the fact that the Defendant committed the crime of indecent act by force at the time of committing this part of the crime by force.
원심의 위와 같은 판단을 기록과 대조하여 면밀하게 살펴보면 정당한 것으로 인정되고, 여기에 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정, 즉 ① 피해자 D은 수사기관에서부터 원심 법정에 이르기까지 일관되게 “피고인이 자신의 허벅지를 만지는 느낌이 나서 잠에서 깼다”는 취지로 진술하고 있는데, 이에 따르면 피고인이 피해자 D의 허벅지를 처음 만질 때는 피해자 D이 잠이 들어 항거불능의 상태에 있었던...